Car accident - trying to work out my rights

[Car Trouble]

Hi all,



I was driving this morning and had a scrape with someone else.



Tiny amounts of paintwork damage but their car is expensive and they're asking me to pay for the cosmetic repairs.



However, I don't fully accept that I was at fault.



I've tried to illustrate what happened, this is a photo of the actual junction.



I was in the right hand lane, waiting to enter the large roundabout - three lanes of one way traffic.



I checked my left side before looking at the roundabout – no one was in the left lane when I checked.



I then looked at the oncoming traffic, then entered the roundabout, turning left and then intending to enter the right hand lanes.

https://imgur.com/07H4Fya


However, in the intervening time, another car had come into the left lane next to me, undertaken me and then started to enter the right hand lanes – so cutting across my path.



We collided very gently, but enough to scuff his paintwork.



In my mind, he in the left hand lane should a) have only used that lane in order to turn left on the roundabout and b) he should not have cut across my turn.



The scuff is to his rear wheel arch – so it’s side damage.



I appreciate that rear damage is usually single fault, but in this case I believe there are complications worth considering.



Many thanks for any help or advice you can offer.



Cameron

 

[Car Trouble]

thank you both!

very useful.

you're quite right about my observation, @Haggisman – I'm very pleased no one was hurt – but on a busy junction such as this (at a right angle to the roundabout as well) there are many things to take in

 

[Car Trouble]

thanks everyone for your input!

my first collision ever, so it's good to get some clarity.

and i'm more and more certain it was actually 100% his fault, so him demanding £300 from me is a little rich

all the best!

 

[Car Trouble]

Here's the letter I'm going to send him tomorrow:

"
I’ve thought a lot about the incident, and drawn diagrams, and I do not accept that the collision was my fault. I realise that this is the assumption you have been working on, so this will appear as a snub. It’s not intended to be.



I have thought a lot about it because it was such a surprise and I have in 20 years of driving always driven carefully.



I am speaking to my insurer; and of course you are welcome to do the same.



The best case – and likely – scenario here is that our insurers attribute 50/50 fault. And so we’ll both have a claim with our insurers and pay higher premiums/lost no claims bonuses.



I too have damage to my car – both on my wing panel and on my door panel where you came across me.



I’m not asking for contributions from you for this damage.



Both our vehicles have side damage, and we were on a roundabout. I am satisfied that I have the photographic and diagrammatic evidence to support at the very least 50/50 liability.



Insurers will look at which lanes we were in and which lanes we intended to cross into. I am satisfied that I was in the correct lane.



There is no situation in which I wouldn’t share everything with my insurer: whether you want to have our insurers debate over a claim or not is up to you.

"

 

[Car Trouble]

TBH I wouldn't send that - simply notify him that you are going to leave it in the hands of insurance - you definitely don't want to give him anything where you might take a stance over blame even if that is absolving him of what you consider blame as that might give him ammunition that you have doubts over whether there is a case, etc. which might end up being used against you.

Ah thanks!

 

[Car Trouble]

Having reflected on the incident, you were in the wrong lane, attempted to undertake me and in doing so struck my vehicle - I do not accept that the collision was my fault.

Please tell how you would like to proceed.



Also, "both on my wing panel and on my door panel where you came across me." - snigger.

haaaaaa thanks for this